94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3874


 
Introduced 2/25/2005, by Rep. James D. Brosnahan
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/33-3
  from Ch. 38, par. 33-3



720 ILCS 5/33-7 new










    Amends the Criminal Code of 1961.  Increases the penalty for official misconduct committed by a public officer or employee from a Class 3 felony to a Class 2 felony.  Creates the offense of public contractor misconduct.  Defines the offense. Provides that a violation is a Class 2 felony.
















LRB094 07697 RLC 40421 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3874

LRB094 07697 RLC 40421 b






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    AN ACT concerning criminal law.  

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 33-3 and  by adding Section 33-7 as follows:
 



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    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)



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    Sec. 33-3. Official
Misconduct.)  A public officer or 
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employee commits misconduct
when, in his official capacity, he 
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commits any of the following acts:

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    (a) Intentionally or recklessly fails to perform any 
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mandatory duty as
required by law; or

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    (b) Knowingly performs an act which he knows he is 
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forbidden by law to
perform; or

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    (c) With intent to obtain a personal advantage for himself 
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or another,
he performs an act in excess of his lawful 
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authority; or

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    (d) Solicits or knowingly accepts for the performance of 
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any act a fee
or reward which he knows is not authorized by 
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law.

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    A public officer or employee convicted of violating any 
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provision of
this Section forfeits his office or employment.  In 
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addition, he commits a
Class 2
3 felony.

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(Source: P.A. 82-790.)

 
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    (720 ILCS 5/33-7  new)
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    Sec. 33-7. Public contractor misconduct.

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    (a) A public contractor; a person seeking a public contract 
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on behalf of himself, herself, or another; an employee of a 
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public
contractor; or a person seeking a public contract on 
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behalf of himself, herself, or another commits public 
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contractor misconduct when, in the performance of, or in 
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connection with, a contract with
the State, a unit of local 
 


 






HB3874
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LRB094 07697 RLC 40421 b




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government, or a school district or in obtaining or seeking  to 
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obtain such a contract he or she commits any of
the following 
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acts:
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        (1) intentionally or recklessly fails to perform any 
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    mandatory duty as required by statute or ordinance;
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        (2) knowingly performs an act that he or
she knows he 
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    or she is forbidden by law to perform;
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        (3) with intent to obtain a personal advantage for 
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    himself, herself,  or another, he or she
performs an act in 
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    excess of his or her lawful authority; or
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        (4) solicits or knowingly accepts for the performance 
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    of any act a fee or
reward that  he or she knows is not 
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    authorized by law.
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    (b) Sentence.  Any person who violates this Section commits 
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a Class 2 felony.